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CIRCULAR

Amending and supplementing the Finance ministry's Circular no. 37/2003/tt-btc of april 24, 2003, which provides for the regime on collection, remittance and use management of fees for the grant of passports, visas and papers for entry, exit, transit and residence in Vietnam

Pursuant to the Ordinance on Charges and Fees and the Government's Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees;

Pursuant to the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam and the Government's Decree No. 21/2001/ND-CP of May 28, 2001, detailing the implementation of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

Pursuant to the Government's Decree No. 05/2000/ND-CP of March 3, 2000, on exit and entry of Vietnamese citizens;

Pursuant to the Prime Minister's Decision No. 875/QD-TTg of November 21, 1996, permitting overseas Vietnamese to repatriate to Vietnam,

After obtaining agreements with the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Defense, the Ministry of Finance hereby amends and supplements its Circular No. 37/2003/TT-BTC of April 24, 2003, providing for the regime on collection, remittance and use management of fees for the grant of passports, visas and papers for entry, exit, transit and residence in Vietnam as follows:

1. Point 2, Section I of Circular No. 37/2003/TT-BTC is replaced with the following new one:

2. Vietnamese citizens, when submitting applications to competent agencies under the Ministry of Public Security, the Ministry of Foreign Affairs or the Ministry of Defense for passports (including new ones and for substitutes of damaged or lost ones) and papers related to the grant thereof (if any), and foreigners, when being granted visas by such agencies; or Vietnamese and foreigners, when being granted assorted papers for entry, exit, transit or residence in Vietnam, must pay fees according to the provisions of this Circular, except for the following cases of exemption from the payment thereof:

a/ Guests (including their spouses and children) of the Party, State, Government or National Assembly or the Party, State, Government or National Assembly leaders in their personal capacity.

b/ Officials and employees of foreign diplomatic representations, consular offices and Vietnam-based representative offices of international organizations, and their family members (spouses and under-18 children living together with them in a household) other than Vietnamese citizens and not permanently residing in Vietnam, who are eligible for fee exemption on the basis of reciprocity.

c/ Foreigners bearing diplomatic passports, official passports or general passports issued by foreign countries, who are eligible for fee exemption on the basis of reciprocity.

d/ Foreigners eligible for fee exemption under treaties or agreements which the Vietnamese Government has signed.

e/ Foreigners entering Vietnam to provide humanitarian aid or assistance to Vietnamese organizations and individuals.

g/ Those who are eligible for fee exemption under specific decisions of the Minister of Foreign Affairs, the Minister of Public Security or the Minister of Defense.

For the above-said cases of fee exemption, the fee-collecting agencies must affix the "free of charge" (GRATIS) stamps on the granted papers.

Where Vietnamese and foreigners have paid fees for the grant of passports and papers related to passport/visa grant but are ineligible for being granted such papers, the fee-collecting agencies shall refund the actually paid fee amounts from the source of exit/entry fee revenues after receiving notices on the ineligibility for such grant.

2. Point 1, Appendix I on the Table of fees for the grant of passports, visas and assorted papers for exit, entry, transit or residence in Vietnam, issued together with Circular No. 37/2003/TT-BTC, is replaced with the following new one:

Ordinal number

Fees

Fee rates

(Unit: VND)

1

Passports:

+ Grant of new ones

200,000

+ Grant for replacement of damaged or lost ones

400,000

+ Extension

100,000

3. Point 2, Section II of Circular No. 37/2003/TT-BTC is amended and supplemented as follows:

3.1. Item e of this Point is replaced with the following:

e/ Expenses for purchase of supplies, tools and working equipment, and other regular expenses directly related to the collection of fees.

3.2. To add to the end of this Point 2 the following:

The Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Defense shall regulate the deducted fee amounts (30% of the total actually collected amounts) among the exit/entry fee-collecting units under their respective management in order to ensure sufficient funds for the collection of exit/entry fees.

4. This Circular takes effect 15 days after its publication in "CONG BAO." The matters not amended or supplemented in this Circular shall still comply with the provisions of the Finance Ministry's Circular No. 37/2003/TT-BTC of April 24, 2003, providing for the regime on collection, remittance and use management of fees for the grant of passports, visas and papers for exit, entry, transit and residence in Vietnam.

Should any problems arise in the course of implementation, organizations and individuals are requested to report them to the Finance Ministry for study and settlement